Controversial Oklahoma Workers' Comp Law Fails to Pass -- For Now

November 30, 2012

Controversial Oklahoma Workers' Comp Law Fails to Pass -- For Now

Fresh off an overhaul of workers' compensation law in 2011, the Oklahoma legislature again took up workers' compensation reform in 2012. This time, the legislature was considering a measure that would allow large employers to "opt out" of workers' compensation entirely and instead cover workers under the Employee Retirement Income Security Act, more commonly known as ERISA. The ERISA federal program that regulates private employee retirement plans would provide medical and indemnity benefits to injured Oklahoma workers in lieu of workers' compensation.

Currently, any worker injured while on the job can receive money damages for his or her affliction through workers' compensation, which functions as insurance for a business against injured workers.

Two Bills, Narrow Vote Margins

Two separate versions of the bill passed both the House and Senate in March. However, the two bills had several different provisions, and ultimately a compromised version of the legislation failed by a narrow margin in the state House. The bill did pass in the Senate.

Employer groups supported the measure, while the insurance industry fought the bill. Proponents cite lower costs to businesses; opponents of the bill claim the measure would reduce benefits to injured workers. It is likely a similar effort to pass opt-out legislation will occur in 2013.

"We came within one vote of sending the bill to Gov. Fallin for her signature," trade magazine Risk and Insurance quoted Becky Robinson as saying, who is a lobbyist in support of the bill. Robinson indicated she was confident an opt-out provision could pass in 2013. If the legislation does become law, Oklahoma would join Texas as the only two states that allow certain businesses to opt out of workers' compensation.

Injured on the Job?

As workers' compensation attorneys are well aware, Oklahoma law is constantly changing regarding how best to obtain benefits and protections for injured workers. While the push to make workers' compensation voluntary ultimately did pass this session, it is extremely likely to be brought up again next legislative session. If you have been injured on the job, contact an experienced personal injury attorney familiar with this changing legal landscape to protect your rights.

Article provided by Richard A. Shallcross & Associates, PLLC
Visit us at http://www.shallcrosslaw.com